Philip Bailhache
Encyclopedia
Sir Philip Martin Bailhache KBE (born 28 February 1946) is a Jersey
politician and lawyer. He was elected as a Senator in the States of Jersey
in October 2011. He previously held elected office as Deputy
of Grouville
1972-1975. Between 1975 and 2009, he successively held office as Solicitor General, Attorney General, Deputy Bailiff and Bailiff
of Jersey
.
and Charterhouse School
, England.
His grandfather was a Jersey solicitor and served as Deputy for Grouville
. His father was Lester Vivian Bailhache MA (1910-2005), a barrister called to the English Bar and an advocate in Jersey, he was Deputy of St Clement
and subsequently a Jurat
of the Royal Court of Jersey who served as Lieutenant-Bailiff of Jersey 1980-82.
Bailhache read Law at Oxford University, was called to the English Bar in 1968 and the Jersey Bar in 1969. He practised from the family law firm, Bailhache and Bailhache in Hill Street, St Helier
.
His brother, William Bailhache, was appointed HM Attorney General in 2000 and Deputy Bailiff in 2009.
. He was appointed Bailiff of Jersey in 1995, in succession to Sir Peter Crill
. As Deputy Bailiff and Bailiff, he was an ex officio judge of the Court of Appeal of Jersey. He was a judge of the Court of Appeal of Guernsey from 1995 to 2009.
Sir Philip introduced several modernizations to Jersey's legal system. In 1997, he was the founding editor of the Jersey Law Review (from 2007 the Jersey and Guernsey Law Review). In 1998, he led the setting up and became the first chairman of the Jersey Legal Information Board, a project designed to use technologies to streamline the administration of justice and make Jersey court judgments more easily accessible as part of the worldwide free access to law movement
. In 2008, he became the first chairman of the Governing Body of Jersey's law school, the Institute of Law, a not-for-profit organisation providing courses for candidates sitting the Jersey advocates and solicitors examinations and students taking the University of London LLB degree via the International Programmes.
In July 2005, the Policy and Resources Committee of the States of Jersey
established the Constitutional Review Group, with terms of reference 'to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State'. Sir Philip was invited to chair the Group, which produced a 'Second Interim Report' in December 2007, presented to the States by the Council of Ministers in June 2008.
Sir Philip retired from the office of Bailiff at the end of June 2009 and was succeed by Mr Michael Birt
. He continued to sit as a Commissioner (part-time judge) of the Royal Court of Jersey until July 2011.
Sir Philip is an active member of the Commonwealth Magistrates and Judges' Association and became the Executive Vice-President in September 2009, following the retirement of Sir Henry Brooke
.
His period of office as Bailiff was not without political criticism. Comments by Sir Philip in his May 2008 Liberation Day speech about reporting by the international news media of investigations of child abuse in the island were criticised, but maintained as justified by Sir Philip. On 15 July 2008, the States of Jersey Assembly overwhelmingly rejected a vote of no-confidence brought by Jersey Democratic Alliance
member Deputy Shona Pitman, by 47 votes to three.
as Deputy
of Grouville
in 1972, resigning his seat in 1975 on his appointment as Solicitor General.
In 2009, Sir Philip and his wife were among prominent islanders to give public support to a campaign to introduce civil partnerships for gay people in Jersey. For many years, Sir Philip has promoted reconciliation between the peoples of Jersey and Germany, especially in Bad Wurzach
, where many islanders were interned during the Second World War.
In written evidence to Lord Carswell's 2010 inquiry into reform of Jersey's Crown Officers, including the role of the Bailiff, Sir Philip concluded that "the current system works extremely well and there is no reason for change".
In July 2011, he announced that he was standing in the elections for the four vacant Senatorial seats in Jersey's October 2011 general election
. He came top of the poll, receiving 17,538 votes (80.2% of votes cast).. He subsequently stood for election to the post of Chief Minister, but was defeated by 27 votes to 24 by Ian Gorst
on 14 November 2011. Senator Gorst has indicated that he wishes to appoint Sir Philip as one of two Assistant Chief Ministers.
Sir Philip has called for changes to the Channel Islands' relationship with the United Kingdom government, arguing that 'at the very least, we should be ready for independence if we are placed in a position where that course was the only sensible option'.
learned in the law of Jersey. He received a knighthood in 1996. In 2006, he was awarded l'Ordre de la Pléiade (Grand Officier class) by l'Assemblée parlementaire de la Francophonie
. He is an honorary fellow of Pembroke College, Oxford
(elected 1995) and an Honorary Bencher
of the Middle Temple
(2003).
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
politician and lawyer. He was elected as a Senator in the States of Jersey
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
in October 2011. He previously held elected office as Deputy
Deputy (legislator)
A deputy is a legislator in many countries, particularly those with legislatures styled as a 'Chamber of Deputies' or 'National Assembly'.-List of countries:This is an list of countries using the term 'deputy' or one of its cognates....
of Grouville
Grouville
-Vingtaines:Grouville is divided for administrative purposes into vingtaines as follows:*La Vingtaine des Marais*La Vingtaine de la Rue*La Vingtaine de Longueville*La Vingtaine de la RocqueThe Minquiers are part of the parish of Grouville....
1972-1975. Between 1975 and 2009, he successively held office as Solicitor General, Attorney General, Deputy Bailiff and Bailiff
Bailiff (Channel Islands)
The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the...
of Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...
.
Early years and family
Bailhache was born in Jersey and was educated at St. Michael's Preparatory SchoolSt. Michael's Preparatory School
St. Michael's Preparatory School is the largest private preparatory school in Jersey, situated in the parish of St. Saviour. The school acts as a feeder to many British public schools in the United Kingdom...
and Charterhouse School
Charterhouse School
Charterhouse School, originally The Hospital of King James and Thomas Sutton in Charterhouse, or more simply Charterhouse or House, is an English collegiate independent boarding school situated at Godalming in Surrey.Founded by Thomas Sutton in London in 1611 on the site of the old Carthusian...
, England.
His grandfather was a Jersey solicitor and served as Deputy for Grouville
Grouville
-Vingtaines:Grouville is divided for administrative purposes into vingtaines as follows:*La Vingtaine des Marais*La Vingtaine de la Rue*La Vingtaine de Longueville*La Vingtaine de la RocqueThe Minquiers are part of the parish of Grouville....
. His father was Lester Vivian Bailhache MA (1910-2005), a barrister called to the English Bar and an advocate in Jersey, he was Deputy of St Clement
Saint Clement, Jersey
Saint Clement is one of the twelve parishes of Jersey in the Channel Islands. It is in the south east of the Island, and contains some of the suburbs of Saint Helier. It is the smallest parish by surface area, but the second most densely populated. St...
and subsequently a Jurat
Jurat
Jurat is the name given to the clause at the foot of an affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made....
of the Royal Court of Jersey who served as Lieutenant-Bailiff of Jersey 1980-82.
Bailhache read Law at Oxford University, was called to the English Bar in 1968 and the Jersey Bar in 1969. He practised from the family law firm, Bailhache and Bailhache in Hill Street, St Helier
Saint Helier
Saint Helier is one of the twelve parishes of Jersey, the largest of the Channel Islands in the English Channel. St. Helier has a population of about 28,000, roughly 31.2% of the total population of Jersey, and is the capital of the Island . The urban area of the parish of St...
.
His brother, William Bailhache, was appointed HM Attorney General in 2000 and Deputy Bailiff in 2009.
Law Officer 1975-93
Bailhache served as a Law Officer of the Crown for 19 years, first as HM Solicitor General (1975-85) and subsequently as HM Attorney General (1986-93).Deputy Bailiff and Bailiff 1994-2011
In 1994, Bailhache became Deputy Bailiff of Jersey, following the controversial removal from office of the previous Deputy Bailiff Vernon TomesVernon Tomes
Mr Vernon Amy Tomes was Deputy Bailiff of Jersey in the Channel Islands from 1986 to 1992.- Early years :Tomes was born in St John, Jersey the son of Wilfred James Tomes, a former Connétable of the parish, and Florence Annie Amy...
. He was appointed Bailiff of Jersey in 1995, in succession to Sir Peter Crill
Peter Crill
Sir Peter Leslie Crill KBE was Bailiff of Jersey from 1986 to 1995.- Early years :Crill attended Victoria College, Jersey between 1932 and 1943...
. As Deputy Bailiff and Bailiff, he was an ex officio judge of the Court of Appeal of Jersey. He was a judge of the Court of Appeal of Guernsey from 1995 to 2009.
Sir Philip introduced several modernizations to Jersey's legal system. In 1997, he was the founding editor of the Jersey Law Review (from 2007 the Jersey and Guernsey Law Review). In 1998, he led the setting up and became the first chairman of the Jersey Legal Information Board, a project designed to use technologies to streamline the administration of justice and make Jersey court judgments more easily accessible as part of the worldwide free access to law movement
Free Access to Law Movement
The Free Access to Law Movement is the umbrella name for the collective of legal projects across several common law countries to provide free online access to legal information such as case law and legislation. The movement began in 1992 with the creation of the Cornell Law School Legal Information...
. In 2008, he became the first chairman of the Governing Body of Jersey's law school, the Institute of Law, a not-for-profit organisation providing courses for candidates sitting the Jersey advocates and solicitors examinations and students taking the University of London LLB degree via the International Programmes.
In July 2005, the Policy and Resources Committee of the States of Jersey
States of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
established the Constitutional Review Group, with terms of reference 'to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State'. Sir Philip was invited to chair the Group, which produced a 'Second Interim Report' in December 2007, presented to the States by the Council of Ministers in June 2008.
Sir Philip retired from the office of Bailiff at the end of June 2009 and was succeed by Mr Michael Birt
Michael Birt (Bailiff of Jersey)
Mr Michael Birt is the 88th Bailiff of Jersey in the Channel Islands.Michael Cameron St John Birt was educated in Jersey at St. Michael's Preparatory School then at Marlborough College....
. He continued to sit as a Commissioner (part-time judge) of the Royal Court of Jersey until July 2011.
Sir Philip is an active member of the Commonwealth Magistrates and Judges' Association and became the Executive Vice-President in September 2009, following the retirement of Sir Henry Brooke
Henry Brooke (judge)
Sir Henry Brooke is a retired British judge. He became a Lord Justice of Appeal in 1996, and became Vice-President of the Civil Division of the Court of Appeal of England and Wales in 2003...
.
His period of office as Bailiff was not without political criticism. Comments by Sir Philip in his May 2008 Liberation Day speech about reporting by the international news media of investigations of child abuse in the island were criticised, but maintained as justified by Sir Philip. On 15 July 2008, the States of Jersey Assembly overwhelmingly rejected a vote of no-confidence brought by Jersey Democratic Alliance
Jersey Democratic Alliance
The Jersey Democratic Alliance is Jersey's only registered political party. JDA candidates contested general elections in 2005 and 2008 but announced in August 2011 that it would not be fielding candidates in the October 2011 elections....
member Deputy Shona Pitman, by 47 votes to three.
Political career
Sir Philip was elected to the States of JerseyStates of Jersey
The States of Jersey is the parliament and government of Jersey.The Assembly of the States of Jersey has exercised legislative powers since 1771, when law-making power was transferred from the Royal Court of Jersey....
as Deputy
Deputy (legislator)
A deputy is a legislator in many countries, particularly those with legislatures styled as a 'Chamber of Deputies' or 'National Assembly'.-List of countries:This is an list of countries using the term 'deputy' or one of its cognates....
of Grouville
Grouville
-Vingtaines:Grouville is divided for administrative purposes into vingtaines as follows:*La Vingtaine des Marais*La Vingtaine de la Rue*La Vingtaine de Longueville*La Vingtaine de la RocqueThe Minquiers are part of the parish of Grouville....
in 1972, resigning his seat in 1975 on his appointment as Solicitor General.
In 2009, Sir Philip and his wife were among prominent islanders to give public support to a campaign to introduce civil partnerships for gay people in Jersey. For many years, Sir Philip has promoted reconciliation between the peoples of Jersey and Germany, especially in Bad Wurzach
Bad Wurzach
Bad Wurzach is a small town in southern Germany, in the state of Baden-Württemberg. It is a well known health-resort destination, and home to the oldest moor-spa in Baden-Württemberg, as well as one of the biggest connected high-moor areas in Europe. It is situated 25 km northeast of...
, where many islanders were interned during the Second World War.
In written evidence to Lord Carswell's 2010 inquiry into reform of Jersey's Crown Officers, including the role of the Bailiff, Sir Philip concluded that "the current system works extremely well and there is no reason for change".
In July 2011, he announced that he was standing in the elections for the four vacant Senatorial seats in Jersey's October 2011 general election
Jersey general election, 2011
General elections for the States of Jersey will be held in Jersey on 19 October 2011, and for the first time Senators, Deputies and Constables will be elected on a single day in Jersey. This will reduce the number of members of the States of Jersey from 53 to 51...
. He came top of the poll, receiving 17,538 votes (80.2% of votes cast).. He subsequently stood for election to the post of Chief Minister, but was defeated by 27 votes to 24 by Ian Gorst
Ian Gorst
Ian Gorst is the Chief Minister of Jersey. He has a been a member of the States of Jersey since 2005.- Background :Gorst was born into a farming family in the Lune Valley, Lancashire, England, and left school with A-levels in history and business studies and went on to work in insurance before...
on 14 November 2011. Senator Gorst has indicated that he wishes to appoint Sir Philip as one of two Assistant Chief Ministers.
Sir Philip has called for changes to the Channel Islands' relationship with the United Kingdom government, arguing that 'at the very least, we should be ready for independence if we are placed in a position where that course was the only sensible option'.
Honours
In 1989 he became one of the first two Queen's CounselQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
learned in the law of Jersey. He received a knighthood in 1996. In 2006, he was awarded l'Ordre de la Pléiade (Grand Officier class) by l'Assemblée parlementaire de la Francophonie
Assemblée parlementaire de la Francophonie
The Assemblée parlementaire de la Francophonie is an association of the parliaments of Francophone countries. It was established in Luxembourg in 1967, and was then known as the Association internationale des parlementaires de langue française....
. He is an honorary fellow of Pembroke College, Oxford
Pembroke College, Oxford
Pembroke College is one of the constituent colleges of the University of Oxford in England, located in Pembroke Square. As of 2009, Pembroke had an estimated financial endowment of £44.9 million.-History:...
(elected 1995) and an Honorary Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
(2003).